ROYDEN HAROLD BUTHELLO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Proceedings of the matter have been taken-up through Video Conferencing.

(2.) This Criminal Revision has been brought challenging the legality, propriety and correctness of the order dated 14-07-2021 passed by Special Judge (NDPS Act), Raipur in Special Criminal Case No. 98/20 whereby petitioner's application filed under Section 227 of the Code of Criminal Procedure, 1973 (henceforth "the Code") was dismissed and has framed the charges under Sections 29 read with Section 22 (b), 22 (c), 25 and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "the NDPS Act").

(3.) Brief facts of the case are that a secret information was received by the Police of Police Station City Kotwali, Raipur, that accused Shreyansh Jhabak and Vikash Banchore are standing and waiting for customers to sell cocaine near Govt. Polytechnic College, Byron Bazar, Raipur. After noting down the information in the Rojnamcha Sanha; preparing mukhbir panchnama; and informing the City Superintendent of Police, Assistant Sub Inspector Mohd. Asrar Ali with Constable Kumar Gaurav Patel and Girdhar Prajapati reached the place of occurrence and having found the above two accused persons, they were raided and after making necessary compliance of provisions contained in Section 50 of the NDPS Act, they were searched, in which, Shreyansh Jhabak was found in illegal possession of 7 gms. cocaine whereas Vikash Banchore was found in illegal possession of 10 gms. of cocaine, which were wrapped in polythene sheet in their trousers' pocket. The seizure memos were prepared and the seized was weighed in electronic weighing machine. On being interrogation and verification of their mobile phones and call details, it was found that accused persons are part of drug cartel/mafia, who are engaged in the illicit trade and trafficking of cocaine and MDMA [Methylene-dioxy-methamphetamine] throughout the country including in several districts of the State of Chhattisgarh. FIR of Crime No. 255/2020 was registered under Section 20 (b) of the NDPS Act against the said accused persons.